Deferring to EPA’s interpretation of its own rules, Supreme Court holds that logging road runoff pollution is exempt from Clean Water Act regulation

In Decker v. Northwest Environmental Defense Center, the Supreme Court ruled 7-1 (Justice Breyer did not participate) that EPA’s interpretation of its own rules exempting channelized logging road runoff pollution from Clean Water Act regulation was reasonable. While the opinion authored by Justice Kennedy is a setback for environmental advocates concerned with runoff pollution from timber harvesting, there are some silver linings. First, the Court cleared away a potential hurdle for citizen enforcement of the... Read more →